1. (1) An application for registration as a course instructor shall be electronically submitted to the Department by the individual on Form DFS-H2-398, Instructor Application, which is incorporated by reference in Rule 69B-228.180, F.A.C.

2. (2) Providers shall certify that course instructors are: registered with the Department; experienced and qualified in the subject matter to be taught; qualified to act as an instructor in accordance with the criteria listed in paragraph (2)(a) or (b), below; and not disqualified pursuant to paragraph (2)(c), below.

   1. (a) For all continuing education courses, a registered instructor must meet at least one of the following requirements:

      1. Have at least 10 years working experience in the subject matter in the last 20 years.

      2. Have at least 200 hours instructing in the subject matter in the last 4 years.

      3. Possess a chartered property and casualty underwriter (CPCU) or chartered life underwriter (CLU) designation.

      4. Have a Risk Management Insurance degree.

      5. Membership in the Florida Bar Association with minimum of 2 years of law practice or counsel in the subject area being taught.

   2. (b) For all continuing education courses, a registered instructor must meet at least two of the following requirements:

      1. Have at least 5 years working experience in the subject matter in the last 10 years.

      2. Have at least 40 hours of instructional experience in the last 4 years.

      3. Possess a Bachelors degree or higher in the subject matter.

      4. Possess a professional designation recognized by the insurance industry in the subject matter.

   3. (c) A provider shall not authorize an instructor to teach an approved course if:

      1. The instructor has had a license revoked by this state or any other state, country or territory;

      2. The instructor has otherwise violated any insurance regulation, including this rule chapter;

      3. The instructor has been found guilty of or has pleaded guilty or nolo contendere to a felony or crime punishable by imprisonment of one year or more under the laws of the United States of America or of any state thereof or under the laws of any country, or

      4. The instructor is not in compliance with any continuing education requirements;

      5. The instructor is a Department employee.

3. (3) Providers shall maintain as a part of the providers’ records a written statement from each instructor certifying that the instructor is qualified as an instructor, the basis for qualification, and that the instructor shall comply with all course requirements as outlined in this rule chapter.

4. (4) Providers shall immediately terminate the qualified status of any instructor at any time before or after being approved as an instructor for any of the following:

   1. (a) The instructor is found not to qualify.
   2. (b) The instructor becomes disqualified pursuant to paragraph (2)(c), above.
5. (5) The Department shall have the right to review provider records of instructors.
6. (6) Providers are responsible for verifying eligibility of instructors before the course is offered.
7. (7) Instructors for approved courses shall display a photo ID to any Department auditor who conducts an official audit during their instruction time.
8. (8) (a) Instructors shall have the authority and responsibility to deny credit to anyone who disrupts the class or is inattentive.

9. (b) It shall be considered a violation of this rule if an instructor knowingly allows the following activities of students during approved class time:

   1. Sleeping;

   2. Reading of non-course books, newspapers, or other non-course material;

   3. Using a cellular phone or other electronic device except to take class notes or to complete mathematical or other course-related exercises;

   4. Leaving the class other than during an authorized break or emergency.

10. (9) Guest Lecturers.

    1. (a) Providers may use guest lecturers:

       1. Only in conjunction with seminar courses.

       2. When at least one qualified instructor is also present.

    2. (b) Department employees may be permitted to serve as guest lecturers or presenters if accompanied by a qualified instructor for the appropriate course. Such instances shall be approved in advance by the Department of Financial Services, Bureau of Licensing, in conjunction with the course approval process.
    3. (c) A resume of the guest lecturer shall be maintained in the provider’s records for a minimum of 5 years after the offering of the course.
11. (10) Providers shall provide a list of all qualifying instructors and guest lecturers who will teach an approved course in conjunction with the submission of a course or course offering application.

Rulemaking Authority 624.308, 626.2816, 648.26(1)(a), 648.386(4) FS. Law Implemented 624.307(1), 626.2815, 626.2816, 626.869(5), 648.386 FS. History–New 8-17-93, Amended 4-11-94, 2-28-95, 4-29-01, Formerly 4-228.060, Amended 1-17-05, 4-12-17.